A Study Of Customary Law In Family Division

As an important way of the separation of traditional inheritance,both of the two stressed male line right,thinkers sharing is the basic principle of the separation of customary law,its essence is the transfer of property at the top of the male line,and the state law and the principle of equality between men and women on the transfer direction are contradictory,very large second hand the distribution of two maintenance obligations in the debt settlement rules and senior also exists conflict.But since 1930,the national government promulgated the "Civil Code of the Republic of China",the modern sense of the inheritance system appeared,today,more than half a century has passed,especially after the new Chinese was established during the state has been vigorously promoting the modern law,but the separation is still active in the civil society,and the form of customary law the existence and adjustment of people's lives,especially in the rural society.The reason,partly because the state law has a bottleneck,but the separation of customary law in the national law,make up the defects of old-age security and other aspects are of great significance,therefore,we must face the existence of custom law.Secondly,with the development of society,the state law can not respond to the needs of society,but also need to make changes.In this context,in order to find a solution to the conflict between the customary law and national law,the "inheritance law " is reconstructed.With the development of the times,the only son of the family,"the emergence of separate kitchen thrive" daughter "of urban and rural living in a new residential mode appears all these indicate that the separation of content of customary law is also changing..In the process of reform,we have learned a great deal of modern legal thoughts.Moreover,once the modern law has responded,the distance between the customary law and the national law will be greatly reduced.Therefore,in theory,the two sides will learn from each other at the same time the conflict,but once the officialresponse to the state law,some of its adjustment function will eventually be absorbed by the national law assimilation.This is bound to be compressed custom living space method,the pure "private",but in national law cannot intervene or not to intervene in the field,the separation of the customary law will still exist and play an important role,and its regulating function to a certain extent will be strengthened.